White v. National-Ben Franklin Ins. Co.

Suit upon a fire insurance policy. Judgment for defendant upon special issue verdict finding that plaintiff had violated the record warranty clause. The only question in the case is whether the forfeiture was waived -as a matter of law because defendant demanded an examination of plaintiff after the suit was filed. Plaintiff pleaded such examination as a waiver, and defendant set up the standard policy stipulation providing for such examination, and also alleged and proved a nonwaiver agreement executed at the time the examination was demanded and hqd.

No issue upon the question of waiver was…